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ENVIRONMENTAL LAW (Atty.

Jeffrey Jefferson Coronel) 1


1ST EXAM COVERAGE SPECIAL LAWS
RA 7586
SECTION 1.
Title This Act shall be known and
referred to as the National Integrated Protected Areas
System Act of 1992.
SECTION 3.
Categories The following
categories of protected areas are hereby established:
a.

Strict nature reserve;

b.

Natural park;

c.

Natural monument;

d.

Wildlife sanctuary;

e.

Protected landscapes and seascapes;

f.

Resource reserve;

g.

Natural biotic areas; and

h.
Other categories established by law,
conventions or international agreements which the
Philippine Government is a signatory.
SECTION 4.
Definition of Terms For purposes
of this Act, the following terms shall be defined as
follows:
1. National Integrated Protected Areas System
(NIPAS) is the classification and administration of all
designated protected areas to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural
conditions to the greatest extent possible;
2. Protected Area refers to identified portions of land
and water set aside by reason of their unique physical
and biological significance, managed to enhance
biological diversity and protected against destructive
human exploitation;
3. Buffer zones are identified areas outside the
boundaries of and immediately adjacent to designated
protected areas pursuant to Section 8 that need
special development control in order to avoid or
minimize harm to the protected area;
4. Indigenous cultural community refers to a group of
people sharing common bonds of language, customs,
traditions and other distinctive cultural traits and who

have since time immemorial, occupied, possessed and


utilized a territory;
5. National park refers to a forest reservation
essentially of natural wilderness character which has
been withdrawn from settlement, occupancy or any
form of exploitation except in conformity with approved
management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural
and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such
areas;
6. Natural monuments is a
focused on protection of small
preserve nationally significant
account of their special
characteristics;

relatively small area


features to protect or
natural features on
interest or unique

7. Natural biotic area is an area set aside to allow the


way of life of societies living in harmony with the
environment to adapt to modern technology at their
pace;
8. Natural park is a relatively large area not materially
altered by human activity where extractive resource
uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or
international significance for scientific, educational and
recreational use;
9. Protected landscapes/seascapes are areas of
national significance which are characterized by the
harmonious interaction of man and land while
providing opportunities for public enjoyment through
the recreation and tourism within the normal lifestyle
and economic activity of these areas;
10. Resource reserve is an extensive and relatively
isolated and uninhabited area normally with difficult
access designated as such to protect natural
resources of the area for future use and prevent or
contain development activities that could affect the
resource pending the establishment of objectives
which are based upon appropriate knowledge and
planning;
11. Strict nature reserve is an area possessing some
outstanding ecosystem, features and/or species of
flora and fauna of national scientific importance
maintained to protect nature and maintain processes in
an undisturbed state in order to have ecologically
representative examples of the natural environment
available for scientific study, environmental monitoring,

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 2


1ST EXAM COVERAGE SPECIAL LAWS
education, and for the maintenance of genetic
resources in a dynamic and evolutionary state;
12. Tenured migrant communities are communities
within protected areas which have actually and
continuously occupied such areas for five (5) years
before the designation of the same as protected areas
in accordance with this Act and are solely dependent
therein for subsistence; and
13. Wildlife sanctuary comprises an area which
assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic
communities or physical features of the environment
where
these
may
require
specific
human
manipulations for their perpetuation.
RA 9513
Section 1. Short Title. - This Act shall be known as
the "Renewable Energy Act of 2008". It shall
hereinafter be referred to as the "Act".
Section 4. Definition of Terms. - As used in this Act,
the following terms are herein defined:
(a) "Biomass energy systems" refer to energy systems
which use biomass resources to produce heat, steam,
mechanical power or electricity through either
thermochemical, biochemical or physico-chemical
processes, or through such other technologies which
shall comply with prescribed environmental standards
pursuant to this Act;
(b) "Biomass resources" refer to non-fossilized,
biodegradable organic material originating from
naturally occurring or cultured plants, animals and
micro-organisms, including agricultural products, byproducts and residues such as, but not limited to,
biofuels except corn, soya beans and rice but including
sugarcane and coconut, rice hulls, rice straws, coconut
husks and shells, corn cobs, corn stovers, bagasse,
biodegradable organic fractions of industrial and
municipal wastes that can be used in bioconversion
process and other processes, as well as gases and
liquids recovered from the decomposition and/or
extraction of non-fossilized and biodegradable organic
materials;
(c) "Board of Investments" (BOI) refers to an attached
agency of the Department of Trade and Industry
created under Republic Act No. 5186, as amended;
(d) "Co-generation systems" refer to facilities which
produce electrical and/or mechanical energy and forms

of useful thermal energy such as heat or steam which


are used for industrial, commercial heating or cooling
purposes through the sequential use of energy;
(e) "Department of Energy" (DOE) refers to the
government agency created pursuant to Republic Act
No. 7638 whose functions are expanded in Republic
Act No. 9136 and further expanded in this Act;
(f) "Department of Environment and Natural
Resources" (DENR) refers to the government agency
created pursuant to Executive Order No. 192;
(g) "Department of Finance" (DOF) refers to the
government agency created pursuant to Executive
Order No. 127, as amended;
(h) "Department of Science and Technology" (DOST)
refers to the government agency created pursuant to
Executive Order No. 128;
(i) "Department of Trade and Industry" (DTI) refers to
the government agency created pursuant to Executive
Order No. 133;
(j) "Distributed generation" refers to a system of small
generation entities supplying directly to the distribution
grid, any one of which shall not exceed one hundred
kilowatts (100 kW) in capacity;
(k) "Distribution of Electricity" refers to the conveyance
of electricity by a Distribution Utility through its
distribution system pursuant to the provision of
Republic Act No. 9136;
(l) "Distribution Utility" (DU) refers to any electric
cooperative, private corporation, government-owned
utility or existing local government unit which has an
exclusive franchise to operate a distribution system in
accordance with its franchise and Republic Act No.
9136;
(m) "Electric Power Industry Reform Act of 2001" or
Republic Act No. 9136 refers to the law mandating the
restructuring of the electric power sector and the
privatization of the National Power Corporation;
(n) "Energy Regulatory Commission" (ERC) refers to
the independent quasi-judicial regulatory agency
created pursuant to Republic Act No. 9136;
(o) "Generation Company" refers to any person or
entity authorized by the ERC to operate facilities used
in the generation of electricity;

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 3


1ST EXAM COVERAGE SPECIAL LAWS
(p) "Generation Facility" refers to a facility for the
production of electricity and/or thermal energy such as,
but not limited to, steam, hot or cold water;
(q) "Geothermal energy" as used herein and in the
context of this Act, shall be considered renewable and
the provisions of this Act is therefore applicable thereto
if geothermal energy, as a mineral resource, is
produced through: (1) natural recharge, where the
water is replenished by rainfall and the heat is
continuously produced inside the earth; and/or (2)
enhanced recharge, where hot water used in the
geothermal process is re-injected into the ground to
produce more steam as well as to provide additional
recharge to the convection system;
(r) "Geothermal Energy Systems" refer to machines or
other equipment that converts geothermal energy into
useful power;
(s) "Geothermal Resources" refer to mineral
resources, classified as renewable energy resource, in
the form of: (i) all products of geothermal processes,
embracing indigenous steam, hot water, and hot
brines; (ii) steam and other gases, hot water, and hot
brines resulting from water, gas, or other fluids
artificially introduced into geothermal formations; (iii)
heat or associated energy found in geothermal
formations; and (iv) any by-product derived from them;
(t) "Government Share" refers to the amount due the
National Government and Local Government Units
from the exploitation, development, and utilization of
naturally-occurring renewable energy resources such
as geothermal, wind, solar, ocean and hydro excluding
biomass;
(u) "Green Energy Option" refers to the mechanism to
empower end-users to choose renewable energy in
meeting their energy requirements;
(v) "Grid" refers to the high voltage backbone system
of interconnected transmission lines, substations, and
related facilities, located in each of Luzon, Visayas,
and Mindanao, or as may otherwise be determined by
the ERC in accordance with Republic Act No. 9136;
(w) "Hybrid Systems" refer to any power or energy
generation facility which makes use of two or more
types of technologies utilizing both conventional and/or
renewable fuel sources, such as, but not limited to,
integrated solar/wind systems, biomass/fossil fuel
systems, hydro/fossil fuel systems, integrated
solar/biomass systems, integrated wind/fossil fuel
systems, with a minimum of ten (10) megawatts or ten

percent (10%) of the annual energy output provided by


the RE component;
(x) "Hydroelectric Power Systems" or "Hydropower
Systems" refer to water-based energy systems which
produce electricity by utilizing the kinetic energy of
falling or running water to turn a turbine generator;
(y)
"Hydroelectric
Power
Development"
or
"Hydropower Development" refers to the construction
and installation of a hydroelectric power-generating
plant and its auxiliary facilities, such as diversion
structure,
headrace,
penstock,
substation,
transmission, and machine shop, among others;
(z) "Hydroelectric Power Resources" or "Hydropower
Resources" refer to water resources found technically
feasible for development of hydropower projects which
include rivers, lakes, waterfalls, irrigation canals,
springs, ponds, and other water bodies;
(aa) "Local government share" refers to the amount
due the LGUs from the exploitation, development and
utilization of naturally-occurring renewable energy
resources;
(bb) "Micro-scale Project" refers to an RE project with
capacity not exceeding one hundred (100) kilowatts;
(cc) "Missionary Electrification" refers to the provision
of basic electricity service in unviable areas with the
aim of bringing the operations in these areas to
viability levels;
(dd) "National government share" refers to the amount
due the national government from the exploitation,
development and utilization of naturally-occurring
renewable energy resources;
(ee) "National Power Corporation" (NPC) refers to the
government corporation created under Republic Act
No. 6395, as amended by Republic Act No. 9136;
(ff) "National Transmission Corporation" (TRANSCO)
refers to the corporation created pursuant to Republic
Act No. 9136 responsible for the planning,
construction,
and
centralized
operation
and
maintenance of high voltage transmission facilities,
including grid interconnection and ancillary services;
(gg) "Net Metering" refers to a system, appropriate for
distributed generation, in which a distribution grid user
has a two-way connection to the grid and is only
charged for his net electricity consumption and is

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 4


1ST EXAM COVERAGE SPECIAL LAWS
credited for any overall contribution to the electricity
grid;
(hh) "Non-power applications" refer to renewable
energy systems or facilities that produce mechanical
energy, combustible products such as methane gas, or
forms of useful thermal energy such as heat or steam,
that are not used for electricity generation, but for
applications such as, but not limited to,
industrial/commercial cooling, and fuel for cooking and
transport;
(ii) "Ocean Energy Systems" refer to energy systems
which convert ocean or tidal current, ocean thermal
gradient or wave energy into electrical or mechanical
energy;
(jj) "Off-Grid Systems" refer to electrical systems not
connected to the wires and related facilities of the OnGrid Systems of the Philippines;
(kk) "On-Grid System" refers to electrical systems
composed of interconnected transmission lines,
distribution lines, substations, and related facilities for
the purpose of conveyance of bulk power on the grid of
the Philippines;
(ll) "Philippine Electricity Market Corporation" (PEMC)
refers to the Corporation incorporated upon the
initiative of the DOE composed of all Wholesale
Electricity Spot Market (WESM) Members and whose
Board of Directors will be the PEM Board;
(mm) "Philippine National Oil Company" (PNOC) refers
to the government agency created pursuant to
Presidential Decree No. 334, as amended;
(nn) "Power applications" refer to renewable energy
systems or facilities that produce electricity;
(oo) "Registered RE Developer" refers to a RE
Developer duly registered with the DOE;
(pp) "Renewable Energy (Systems) Developers" or
"RE Developers" refer to individual/s or a group of
individuals formed in accordance with existing
Philippine Laws engaged in the exploration,
development and utilization of RE resources and
actual operation of RE systems/facilities;
(qq) "Renewable Energy Market" (REM) refers to the
market where the trading of the RE certificates
equivalent to an amount of power generated from RE
resources is made;

(rr) "Renewable Energy Policy Framework" (REPF)


refers to the long-term policy developed by the DOE
which identifies among others, the goals and targets
for the development and utilization of renewable
energy in the country;
(ss) "Renewable Portfolio Standards" refer to a
market-based policy that requires electricity suppliers
to source an agreed portion of their energy supply from
eligible RE resources;
(tt) "Renewable Energy Service (Operating) Contract
(RE Contract) " refers to the service agreement
between the Government, through the DOE, and RE
Developer over a period in which the RE Developer
has the exclusive right to a particular RE area for
exploration and development. The RE Contract shall
be divided into two (2) stages: the pre-development
stage and the development/commercial stage. The
preliminary assessment and feasibility study up to
financial closing shall refer to the pre-development
stage. The construction and installation of facilities up
to operation phase shall refer to the development
stage;
(uu) "Renewable Energy Resources" (RE Resources)
refer to energy resources that do not have an upper
limit on the total quantity to be used. Such resources
are renewable on a regular basis, and whose renewal
rate is relatively rapid to consider availability over an
indefinite period of time. These include, among others,
biomass, solar, wind, geothermal, ocean energy, and
hydropower conforming with internationally accepted
norms and standards on dams, and other emerging
renewable energy technologies;
(vv) "Renewable Energy Systems" (RE Systems) refer
to energy systems which convert RE resources into
useful energy forms, like electrical, mechanical, etc.;
(ww) "Rural Electrification" refers to the delivery of
basic electricity services, consisting of power
generation, sub-transmission, and/or extension of
associated power delivery system that would bring
about important social and economic benefits to the
countryside;
(xx) "Solar Energy" refers to the energy derived from
solar radiation that can be converted into useful
thermal or electrical energy;
(yy) "Solar Energy Systems" refer to energy systems
which convert solar energy into thermal or electrical
energy;

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 5


1ST EXAM COVERAGE SPECIAL LAWS
(zz) "Small Power Utilities Group" (SPUG) refers to the
functional unit of the NPC mandated under Republic
Act No. 9136 to pursue missionary electrification
function;
(aaa) "Supplier" refers to any person or entity
authorized by the ERC to sell, broker, market or
aggregate electricity to the end-users;
(bbb) "Transmission of Electricity" refers to the
conveyance of electric power through transmission
lines as defined under Republic Act No. 9136 by
TRANSCO or its buyer/concessionaire in accordance
with its franchise and Republic Act No. 9136;
(ccc) "Wind Energy" refers to the energy that can be
derived from wind that is converted into useful
electrical or mechanical energy;
(ddd) "Wind Energy Systems" refer to the machines or
other related equipment that convert wind energy into
useful electrical or mechanical energy;
(eee) "Wholesale Electricity Spot Market" (WESM)
refers to the wholesale electricity spot market created
pursuant to Republic Act No. 9136.
RA 10121
Section 1. Title. - This Act shall be known as
the "Philippine Disaster Risk Reduction and
Management Act of 2010".
Section 3. Definition of Terms. - For purposes of this
Act, the following shall refer to:
(a) "Adaptation" - the adjustment in natural or human
systems in response to actual or expected climatic
stimuli or their effects, which moderates harm or
exploits beneficial opportunities.
(b) "Capacity" - a combination of all strengths and
resources available within a community, society or
organization that can reduce the level of risk, or effects
of a disaster. Capacity may include infrastructure and
physical means, institutions, societal coping abilities,
as well as human knowledge, skills and collective
attributes such as social relationships, leadership and
management. Capacity may also be described as
capability.
(c) "Civil Society Organizations" Or "CSOs" - non-state
actors whose aims are neither to generate profits nor
to seek governing power. CSOs unite people to
advance shared goals and interests. They have a

presence in public life, expressing the interests and


values of their members or others, and are based on
ethical, cultural, scientific, religious or philanthropic
considerations.
CSOs
include
nongovernment
organizations (NGOs), professional associations,
foundations,
independent
research
institutes,
community-based organizations (CBOs), faith-based
organizations,
people's
organizations,
social
movements, and labor unions.
(d) "Climate Change" - a change in climate that can' be
identified by changes in the mean and/or variability of
its properties and that persists for an extended period
typically decades or longer, whether due to natural
variability or as a result of human activity.
(e) "Community-Based Disaster Risk Reduction and
Management" or "CBDRRM" - a process of disaster
risk reduction and management in which at risk
communities are actively engaged in the identification,
analysis, treatment, monitoring and evaluation of
disaster risks in order to reduce their vulnerabilities
and enhance their capacities, and where the people
are at the heart of decision-making and
implementation of disaster risk reduction and
management activities.
(f) "Complex Emergency" - a form of human-induced
emergency in which the cause of the emergency as
well as the assistance to the afflicted IS complicated
by intense level of political considerations.
(g) "Contingency Planning" - a management process
that analyzes specific potential events or emerging
situations that might threaten society or the
environment and establishes arrangements in advance
to enable timely, effective and appropriate responses
to such events and situations.
(h) "Disaster" - a serious disruption of the functioning
of a community or a society involving widespread
human, material, economic or environmental losses
and impacts, which exceeds the ability of the affected
community or society to cope using its own resources.
Disasters are often described as a result of the
combination of: the exposure to a hazard; the
conditions of vulnerability that are present; and
insufficient capacity or measures to reduce or cope
with the potential negative consequences, Disaster
impacts may include loss of life, injury, disease and
other negative effects on human, physical, mental and
social well-being, together with damage to property,
destruction of assets, loss of services, Social and
economic
disruption
and
environmental
degradation.1avvphi1

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 6


1ST EXAM COVERAGE SPECIAL LAWS
(i) "Disaster Mitigation" - the lessening or limitation of
the adverse impacts of hazards and related disasters.
Mitigation
measures
encompass
engineering
techniques and hazard-resistant construction as well
as improved environmental policies and public
awareness.
(j) "Disaster Preparedness" - the knowledge and
capacities developed by governments, professional
response and recovery organizations, communities
and individuals to effectively anticipate, respond to,
and recover from, the Impacts of likely, imminent or
current hazard events or conditions. Preparedness
action is carried out within the context of disaster risk
reduction and management and aims to build the
capacities needed to efficiently manage all types of
emergencies and achieve orderly transitions from
response to sustained recovery. Preparedness is
based on a sound analysis of disaster risk and good
linkages with early warning systems, and includes
such activities as contingency planning, stockpiling of
equipment and supplies, the development of
arrangements for coordination, evacuation and public
information, and associated training and field
exercises. These must be supported by formal
institutional, legal and budgetary capacities.
(k) "Disaster Prevention" - the outright avoidance of
adverse impacts of hazards and related disasters. It
expresses the concept and intention to completely
avoid potential adverse impacts through action taken
in advance such as construction of dams or
embankments that eliminate flood risks, land-use
regulations that do not permit any settlement in highrisk zones, and seismic engineering designs that
ensure the survival and function of a critical building in
any likely earthquake.
(l) "Disaster Response" - the provision of emergency
services and public assistance during or immediately
after a disaster in order to save lives, reduce health
impacts, ensure public safety and meet the basic
subsistence needs of the people affected. Disaster
response is predominantly focused on immediate and
short-term needs and is sometimes called "disaster
relief".
(m) "Disaster Risk" - the potential disaster losses in
lives, health status, livelihood, assets and services,
which could occur to a particular community or a
Society over some specified future time period.
(n) "Disaster Risk Reduction" - the concept and
practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of

disasters, including through reduced exposures to


hazards, lessened vulnerability of people and property,
wise management of land and the environment, and
improved preparedness for adverse events.
(o) "Disaster Risk Reduction and Management" - the
systematic process of using administrative directives,
organizations, and operational skills and capacities to
implement strategies, policies and improved coping
capacities in order to lessen the adverse impacts of
hazards and the possibility of disaster. Prospective
disaster risk reduction and management refers to risk
reduction and management activities that address and
seek to avoid the development of new or increased
disaster risks, especially if risk reduction policies are
not put m place.
(p) "Disaster Risk Reduction and Management
Information System" - a specialized database which
contains, among others, information on disasters and
their human material, economic and environmental
impact, risk assessment and mapping and vulnerable
groups.
(q) "Early Warning System" - the set of capacities
needed to generate and disseminate timely and
meaningful warning information to enable individuals,
communities and organizations threatened by a hazard
to prepare and to act appropriately and in sufficient
time to reduce the possibility of harm or loss. A peoplecentered early warning system necessarily comprises
four (4) key elements: knowledge of the risks;
monitoring, analysis and forecasting of the hazards;
communication or dissemination of alerts and
warnings; and local capabilities to respond to the
warnings received. The expression "end-to-end
warning system" is also used to emphasize that
warning systems need to span all steps from hazard
detection to community response.
(r) "Emergency" - unforeseen or sudden occurrence,
especially danger, demanding immediate action.
(s) "Emergency Management" - the organization and
management of resources and responsibilities for
addressing all aspects of emergencies, in particular
preparedness, response and initial recovery steps.
(t) "Exposure" - the degree to which the elements at
risk are likely to experience hazard events of different
magnitudes.
(u) "Geographic Information System" - a database
which
contains,
among
others,
geo-hazard

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 7


1ST EXAM COVERAGE SPECIAL LAWS
assessments, information on climate change, and
climate risk reduction and management.

post-disaster phases. It shall be in conformity with the


NDRRMF.

(v) "Hazard" - a dangerous phenomenon, substance,


human activity or condition that may cause loss of life,
injury or other health impacts, property damage, loss
of livelihood and services, social and economic
disruption, or environmental damage.

(aa) "Post-Disaster Recovery" - the restoration and


improvement where appropriate, of facilities, livelihood
and living conditions. of disaster-affected communities,
including efforts to reduce disaster risk factors, in
accordance with the principles of "build back better".

(w) "Land-Use Planning" - the process undertaken by


public authorities to identify, evaluate and decide on
different options for the use of land, including
consideration of long-term economic, social and
environmental objectives and the implications for
different communities and interest groups, and the
subsequent formulation and promulgation of plans that
describe the permitted or acceptable uses.

(bb) "Preparedness" pre-disaster


actions
and
measures being undertaken within the context of
disaster risk reduction and management and are
based on sound risk analysis as well as pre-disaster
activities to avert or minimize loss of life and property
such as, but not limited to, community organizing,
training, planning, equipping, stockpiling, hazard
mapping, insuring of assets, and public information
and education initiatives. This also includes the
development/enhancement of an overall preparedness
strategy, policy, institutional structure, warning and
forecasting capabilities, and plans that define
measures geared to help at-risk communities
safeguard their lives and assets by being alert to
hazards and taking appropriate action in the face of an
Imminent threat or an actual disaster.

(x) "Mitigation" structural


and
non-structural
measures undertaken to limit the adverse impact of
natural hazards, environmental degradation, and
technological hazards and to ensure the ability of atrisk communities to address vulnerabilities aimed at
minimizing the impact of disasters. Such measures
include, but are not limited to, hazard-resistant
construction and engineering works, the formulation
and implementation of plans, programs, projects and
activities, awareness raising, knowledge management,
policies on land-use and resource management, as
well as the enforcement of comprehensive land-use
planning, building and safety standards, and
legislation.
(y) "National
Disaster
Risk
Reduction
and
Management Framework" or "NDRRMF" - provides for
comprehensive, all hazards, multi-sectoral, interagency and community-based approach to disaster
risk reduction and management.
(z) "National
Disaster
Risk
Reduction
and
Management Plan" or "NDRRMP" - the document to
be formulated and implemented by the Office of Civil
Defense (OCD) that sets out goals and specific
objectives for reducing disaster risks together with
related actions to accomplish these objectives.
The NDRRMP shall provide for the identification of
hazards, vulnerabilities and risks to 'be managed at the
national level; disaster risk reduction and management
approaches and strategies to be applied m managing
said hazards and risks; agency roles, responsibilities
and lines of authority at all government levels; and
vertical and horizontal coordination of disaster risk
reduction and management in the pre-disaster and

(cc) "Private Sector" - the key actor in the realm of the


economy where the central social concern and
process are the mutually beneficial production and
distribution of goods and services to meet the physical
needs of human beings. The private sector comprises
private corporations, households and nonprofit
institutions serving households.
(dd) "Public Sector Employees" - all persons in the civil
service.
(ee) "Rehabilitation" - measures that ensure the ability
of affected communities/areas to restore their normal
level of functioning by rebuilding livelihood and
damaged
infrastructures
and
increasing
the
communities' organizational capacity.
(ff) "Resilience" - the ability of a system, community or
society exposed to hazards to resist, absorb,
accommodate and recover from the effects of a hazard
in a timely and efficient manner, including through the
preservation and restoration of its essential basic
structures and functions.
(gg) "Response" - any concerted effort by two (2) or
more agencies, public or private, to provide assistance
or intervention during or immediately after a disaster to
meet the life preservation and basic subsistence needs

ENVIRONMENTAL LAW (Atty. Jeffrey Jefferson Coronel) 8


1ST EXAM COVERAGE SPECIAL LAWS
of those people affected and in the restoration of
essential public activities and facilities.
(hh) "Risk" - the combination of the probability of an
event and its negative consequences.

(ll) "State of Calamity" - a condition involving mass


casualty and/or major damages to property, disruption
of means of livelihoods, roads and normal way of life of
people in the affected areas as a result of the
occurrence of natural or human-induced hazard.

(ii) "Risk Assessment" - a methodology to determine


the nature and extent of risk by analyzing potential
hazards and evaluating existing conditions of
vulnerability that together could potentially harm
exposed people, property, services, livelihood and the
environment on which they depend. Risk assessments
with associated risk mapping include: a review of the
technical characteristics of hazards such as their
location, intensity, frequency and probability; the
analysis of exposure and vulnerability including the
physical, social, health, economic and environmental
dimensions; and the evaluation of the effectiveness of
prevailing and alternative coping capacities in respect
to likely risk scenarios.

(mm) "Sustainable Development" - development that


meets the needs of the present without compromising
the ability of future generations to meet their own
needs. It contains within it two (2) key concepts: (1) the
concept of "needs", in particular, the essential needs of
the world's poor, to which overriding priority should be
given; and (2) the idea of limitations imposed by the
state of technology and social organizations on the
environment's ability to meet present and future needs.
It is the harmonious integration of a sound and viable
economy, responsible governance, social cohesion
and harmony, and ecological integrity to ensure that
human development now and through future
generations is a life-enhancing process.

(jj) "Risk Management" - the systematic approach and


practice of managing uncertainty to minimize potential
harm and loss. It comprises risk assessment and
analysis, and the implementation of strategies and
specific actions to control, reduce and transfer risks. It
is widely practiced by organizations to minimize risk in
investment decisions and to address operational risks
such as those of business disruption, production
failure, environmental damage, social impacts and
damage from fire and natural hazards.

(nn) "Vulnerability" the


characteristics
and
circumstances of a community, system or asset that
make it susceptible to the damaging effects of a
hazard. Vulnerability may arise from various physical,
social, economic, and environmental factors such as
poor design and construction of buildings, inadequate
protection of assets, lack of public information and
awareness, limited official recognition of risks and
preparedness measures, and disregard for wise
environmental management.

(kk) "Risk Transfer" - the process of formally or


informally shifting the financial consequences of
particular risks from one party to another whereby a
household, community, enterprise or state authority will
obtain resources from the other party after a disaster
occurs, in exchange for ongoing or compensatory
social or financial benefits provided to that other party.

(oo) "Vulnerable and Marginalized Groups" - those that


face higher exposure to disaster risk and poverty
including, but not limited to, women, children, elderly,
differently-abled people, and ethnic minorities.

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